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  1. #1
    Join Date
    Feb 2008
    Posts
    3

    Default Applying For Social Security After Benefits Overpayment

    In August 2001 I was notified that my SSI/SSP disability check would be stopped. Due to a nasty seperation w/spouse, she informed SS about an old felony warrant out of WA. state. I was told that according to SS rules I could not recieve anymore disability assistance until said warrant was cleared. I lost my home due to disabilty being cut-off and could not meet my mortgage payments. Apparently, according to a SS rep. I was sent a letter to my then mailing address (the home I lost) which basically stated that I need to sign for SS to consider me indigent and not attempt to collect any past SSI payments. Of, course, I never recieved the letter so SS reported me to credit agencies as owing the total amount paid to me, around $34,000. Over the years..because I had custody of my children, I was able to collect AFDC from the state. Last year an attorney picked up my case concerning the warrant pro-bono. Finally after almost 20 years of that WR hanging over me..I was just informed by my attorney that WA. state dropped the whole case and the warrant has been quashed. My disabilties have not changed since my SSI was discontinued in 2001, infact, due to open heart surgery and three subsequent strokes my disablities are more significant today than they were in 2001. My whole question/s is this: I have been told that due to the lenght of time since being first discontinued..I have to re-apply. I am confident there will be no problems with re-qualifying...Can they (SS) still deduct or make me pay back the prior disability? Even though I was not give the chance to respond and sign the indigency letter of notification. And will I be able to collect any backpay from SS? I have been disabled throughtout all these years since 2001. And the last thing...should I wait to re-apply because according to my last credit report the listing from SS is due to fall of in Jan. 09'? Any answers would be greatly appreciated...thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Applying For Social Security After Benefits Overpayment

    Whatever else happens, applying sooner rather than later is to your advantage. The date the entry drops off your credit report is not the same as a date after which the SSA cannot collect the debt. Credit report drop-off dates are the result of credit reporting laws.

    I don't know what you mean, "I was not give the chance to respond and sign the indigency letter of notification". You say that at some point knew about the letter, hadn't given the Social Security Administration a current mailing address, and didn't follow up when you were told about the letter.

    I would expect the Social Security Administration to take your indigency into account when determining what, if any, portion of your current payments should be applied to your debt to them. But the best way to find out their policies is to ask them, in specific relation to your case.

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